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Rule 4-406 – Hearing

May 13, 2021 | Criminal Prodcedure, Maryland

(a) When Required. A hearing shall be held promptly on a petition under the Uniform Post Conviction Procedure Act unless the parties stipulate that the facts stated in the petition are true and that the facts and applicable law justify the granting of relief. If a defendant requests that the court reopen a post conviction proceeding that was previously concluded, the court shall determine whether a hearing will be held, but it may not reopen the proceeding or grant the relief requested without a hearing unless the parties stipulate that the facts stated in the petition are true and that the facts and applicable law justify the granting of relief.
(b) Judge. The hearing shall not be held by the judge who presided at trial except with the consent of the petitioner.
(c) Evidence. Evidence may be presented by affidavit, deposition, oral testimony, or in any other form as the court finds convenient and just. In the interest of justice, the court may decline to require strict application of the rules in Title 5, except those relating to the competency of witnesses.

Cross reference: For procedures concerning DNA testing and preservation of DNA evidence in post conviction cases, see Code, Criminal Procedure Article, § 8-201.

(d) Presence of Petitioner. The petitioner has the right to be present at any hearing on the petition.

Cross reference: For procedures concerning DNA testing and preservation of DNA evidence in post conviction cases, see Code, Criminal Procedure Article, § 8-201.

Md. Crim. Causes. 4-406

This Rule is derived as follows:

Section (a) is new.

Section (b) is derived from former Rule BK44 c.

Section (c) is derived from former Rule BK44 d.

Section (d) is derived from former Rule BK44 e.

Adopted April 6, 1984, eff. July 1, 1984. Amended Dec. 15, 1993, eff. July 1, 1994; Nov. 21, 1995, eff. Dec. 1, 1995; Oct. 5, 1999; Jan. 8, 2002, eff. Feb. 1, 2002; Nov. 8, 2005, eff. Jan. 1, 2006; Sept. 10, 2009, eff. Oct. 1, 2009; Dec. 7, 2015, eff. Jan. 1, 2016.

HISTORICAL NOTES

1999 Orders

The October 5, 1999, order amended the cross reference following section (d).

2002 Orders

The January 8, 2002, order amended the cross references following sections (a) and (d).

2005 Orders

The November 8, 2005, order inserted the cross reference following section (c).

2009 Orders

The September 10, 2009, order amended the cross reference following section (d).

2015 Orders

The December 7, 2015, order, deleted two cross references and added a cross reference.